Attorney General Schneiderman sues to prevent reopening of Amigone Funeral Home crematory over 'persistent environmental violations'

Submitted

Attorney
General Eric T. Schneiderman and State Department of Environmental Conservation
Commissioner Joe Martens announced a lawsuit Tuesday to prevent Amigone Funeral
Home Inc. from reopening its crematory in a residential neighborhood in the
Town of Tonawanda. The crematory, which the A.G.'s camp said has a long history
of generating offensive odors, soot, and excessive noise into the neighborhood,
has been the source of persistent community complaints. While a July 2012
agreement with Schneiderman's office resulted in Amigone suspending operations
at the crematory, the funeral home has recently signaled its intention to
restart operations.

"The
Amigone crematory has cast a shadow over this Tonawanda community for too long,"
Schneiderman said. "The
crematory's offensive nuisance emissions have long plagued residents,
interfering with such basic pleasures as opening windows and enjoying
backyards. This lawsuit will reassure this community that the Amigone crematory
will never again pollute their air and disrupt their lives. With this action,
my office is standing with the residents of Tonawanda to protect their right to
enjoy clean, fresh air."

Martens said,
"The DEC referred this matter to the attorney general for enforcement when
it became clear that, despite Amigone's efforts, the crematory was causing a
continuing violation of DEC laws and regulations. The attorney general's office
worked closely with DEC staff to bring this action, and I congratulate their
efforts to block the crematory from further impacting the neighboring
community."

The
attorney general's lawsuit, which was filed in Erie County Supreme Court,
charges that Amigone is unable to operate the crematory without violating state
air pollution laws and creating a nuisance for nearby residents. The suit seeks
to permanently block Amigone's operation of the crematory at its Sheridan Drive
property. The suit also seeks monetary penalties against Amigone for repeatedly
violating state air pollution and other laws.

The
Amigone crematory, which began operations in August 1991, is located adjacent
to a quiet residential neighborhood. From the start, residents on and near
Werkley Road have complained about the crematory's odors, soot and excessive
noise. Conditions worsened when the facility's incinerator was replaced in July
2009. Residents have documented dark smoke emissions, denoting the release of
particulates from cremation operations into the neighborhood, and DEC put the
crematory on notice of serious violation of limits on emissions of smoke in May
2012.

Last
July, Schneiderman reached an agreement with Amigone that required closure of
the facility for a six-month period while Amigone sought approval from the New
York State Cemetery Board to relocate its crematory operation. The agreement
further provided that if Amigone was unsuccessful in obtaining approval to
relocate and wished to reopen during the six-month period, the company would
need to retain a third-party expert to develop recommendations for operational
changes that would address residents' concerns about odors, soot, smoke and
noise.

The
New York State Cemetery Board last year denied Amigone's petition to relocate
the crematory, and that determination was upheld in State Supreme Court this
April. Although Amigone has taken public steps to recommence operations at its
current site, it has provided no information regarding retaining an expert or
developing any engineering plans to eliminate the crematory's objectionable and
illegal emissions.

Rebecca Newberry, community organizer with The Clean
Air Coalition of W.N.Y., said, "The
Clean Air Coalition applauds Attorney General Eric Schneiderman and his team in
Buffalo for taking action to prevent the Amigone crematory from reopening. For
years, the crematory's neighbors were forced to live with the facility's
offensive odors, dark smoke and loud noise. We thank the AG's office for
defending the quality of life of these families."

Schneiderman
thanked the Department of Environmental Conservation for its efforts in this
matter.